• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

slander/defamation of character

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

bstemm8612

Guest
My daughter has been a member of a swim team for several years and I have always been fairly active in the booster club, even serving as elected secretary for a time. As a fund raiser for the team, we work at the Univertisy of Oklahoma football games selling concessions. This year, I have been accused of stealing approximately $4,000 from the fund raiser and this has severely damaged my reputation with the club. I wonder if I have a slander/defamation suit against the people that we sell the concessions for and the man (personally) that started this vicious rumor about me.
 


J

JenniferH

Guest
Please note that this is not a small claims court issue. Small claims court takes cases involving the owing of money. This would be a criminal case and you would most likely need a lawyer. BTW, if all that came out of it was someone said something nasty about you and no charges came of it, then let it go, get over it, be thankful you didn't have criminal charges against you to defend and get on w/ life. LIFE IS PRECIOUS, DON'T WASTE IT!
 

JETX

Senior Member
With all due respect to Jennifer, your post needs to be answered.

First, Jennifer is correct. Your question should not be in the Small Claims area... it is potentially a criminal matter.

I also feel that the Small Claim court would probably NOT be the correct forum for your claim. The SC courts are generally limited in the types of cases that they can hear. As such, if you are serious about considering slander or liable case, you should certainly consult an attorney. You need to be aware that your claims (liable and slander) are VERY hard to prove, and even harder to prove that you have been damaged.

The first amendment gives each of us the right to voice our opinions, even about someone else and even if we are later proven to be wrong. You will be forced to not just prove that the statements were made, but that the person making them KNEW that they were wrong at the time of the utterance and that they did so in order to damage you. And if you are able to prove that, you will need to try to prove how you were damaged. Did you lose income?? Did this loss of income cause you to lose your home or car, etc.? You can't just say, "He/She said something that was incorrect and it hurt my feelings." With the exception of emotional distress, 'hurt feelings' are not compensable.

I agree with Jennifer's summary... assuming that you are truly innocent, your friends and fellow club members will realize that. If you are guilty as charged, they will also realize that.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top